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B-205097 1 (1982-03-15)

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DECISION


THU COMPTROLLER 5'GENERAL
OF THE UNITED UTATEB
WABHI t4JQTON, D.O. 000413

                   !2/k


B-205097


DATEi March 15, 1982


Gunnery tergeant Murray T, Stuart, USMC


A service Mpmber's. wife, who herself was a
service member, was discharged from active
duty and eleote4 and was paid travel and
tansportation allowances to her home of
record, but she chose to remain for a. short
time at hers and themember's residence near
the; member's ptrmanent duty station, There-
after she chose to establisha residence away
from the1 member's permanent duty station in
order to pursue a college, education1 Since
the separation: from the member was not
enforced, by the member's duty, but was for
personal reasons, the member is not entitled
to Family Separation Allowance as a result of
this separation,


     This is in respnse-to a request for an-advance.
decision concernj-ng the-propriety of creditihg the pay
account of Sergeant Murray T, Stuart, USMC, with a Type II
Family SeparatiOn Albwan(ie.  This request was submitted
by' the DisbursingO0ffice0-Q  2d Force Service Support Group
(REIN), Fleet Marine Force, Atlahtic, Camp LeJeune, North
Carolina, and has-been assigned control number.DO-MC-1372
by the Department of Defense Military Pay and Allowance
Committee, Because Sergeant Stuart and his wife are
separatnd for personal reasons rather than because of
his military assignment, the allowance may not be paid.
                         -.
     Gunnery Sergeant Mu&rry T. Stuart resided with his
wife, Sergeant M. C. Stua ttUSMC, in the vicinity-of
their, permanent duty statio-nat Camp LeJeune, North
Carolina. on pecember 21, !1980, Sergeant M. C. Stuart
was released from active duty. and in accordance with
paragraph M4157 of the Joint Travel Regulations, elected
and was paid travel and transportation allowances to her
home of-record at St. Louts, Missouri. Thereafter, on
January 5, 1981, Mrs. Stuart traveled to Alexandria,
Virginia, and established a residencQ-7:7r the purpose
of completing degree requirements at _11a University of
Maryland.

     Sergeant Stuart contends that Mra. Stuart should
now be considered his dependent, and since she is not


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